of the Laws of eighteen hundred and sixty-six, in respect to persons afflicted with contagious diseases; shall have exclusive charge and control of the hospitals for the treatment of such cases, and shall have power to provide and pay for the use of proper places to which to remove such persons, as well as to designate such places; and said Board may cause proper care and attendance to be given to persons so sick, or removed when it shall be made to appear to the said Board that any such person is so poor as to be unable to procure for himself such care and attendance, or that the public health requires special medical care and attendance.

SEC. 2. The authority, duty and powers of the Board of Health of the city of New York shall extend over the waters of the bay, up to and within the quarantine limits as established by law, but shall not be held to interfere with the powers and duties of the Commissioners of Quarantine or Health Officers of the port.

SEC. 3. All the powers and duties heretofore vested in or enjoined upon the city Sanitary Inspector under and pursuant to the provisions of chapter five hundred and sixty-six, Laws of eighteen hundred and seventy-one, are vested and confirmed in, enjoined upon and to be exercised by the Sanitary Superintendent of the Health Department of the city of New York, and certificate required in the first section of the said act shall be made by and in the name of the Sanitary Superintendent, or the executive officer of the said Department of Health.

SEC. 4. Said Board of Health may sue or be sued in and by the proper name of "The Health Department of the City of New York," and not in or by the name of the members of said Board, or any of them; and service of all process in suits and proceedings against or affecting said Board, and other papers may be made upon the President of said Board, or upon its Secretary, and not otherwise; except that, according to usual practice in other suits, papers in suits to which said Board of Health is a party may be served on its attorney.

SEC. 5. The Attorney of the Board of Health shall be also its counsel when appointed as such by the said Board, and shall have a salary for his services as attorney and counsel, to be fixed by the said Board, not to exceed the sum heretofore paid to the counsel of the Metropolitan Board of Health, and in all actions in proceedings against the Mayor, Aldermen, and Commonalty of the city of New York, or any other department or person whatsoever, in which any action, order, regulation, ordinance or proceeding of the said Board, or of any person acting under or pursuant to its authority, shall be called in question or made the subject of the action or proceeding, the said Board of Health shall be a necessary party, and have the right to answer, to appear and to take part therein by its own attorney and counsel.

SEC. 7. The said Board of Health, if it shall consider the public health or interests so to require, may execute orders through its own officers or persons, and means to be engaged by the said Board of Health; and about the execution of the said order, both the said Board of Police and the said Board of Health shall severally have as well the authority conferred by this act as all the powers and authority conferred by the fifty-third and fifty-fourth sections of the Metropolitan Police Act, passed on the twenty-fifth day of April, eighteen hundred and sixty-four, and of any amendments made to said act or to be made, enlarging such authority; and all powers and authority possessed and exercised by said Board of Police under said act pertaining to sanitary matters, or in conflict with the objects and purposes of this act, shall hereafter be enjoyed, possessed and exercised by said Board of Health. Whatever expenses said Board of Health may lawfully and properly incur in the execution of any judgment aforesaid, or in executing, or in connection with its own orders, made in good faith, or in and about the discharge in good faith, of its duties, or in satisfying any liability or judgment it may have in good faith incurred or suffered by reason of its acts done in good faith as aforesaid, or in satisfying any claim against its officers or subordinates, arising from their acts in the discharge, in good faith, of their respective duties, shall, so far as established,

be paid out of its fund or other moneys, and shall be apportioned, assessed, collected and paid as is provided in the health laws aforesaid, in respect to the expenses of said Board, and such sums paid or recovered under this act, shall not be included in or considered as a part of that class of the expenditures of the Board in respect to which there is or may be a specific limitation as to amount.

SEC. 8. Said Board of Health may institute and maintain, in the name of said Health Department, all such suits and proceedings as shall be reasonable, necessary and proper, for recovering any moneys expended, enforcing any lien or the payment of any fine, the punishment for any offense, or in other respects carrying out the provisions of the laws under which it acts.

SEC. 10. The said Board of Health shall have full and exclusive power and authority over the removal of night-soil and in the removal of dead animals, offal, night-soil, blood, bones, tainted or impure meats, and other refuse matter from said city. It is hereby charged with the duty of causing the removal of the same daily, or as often as may be necessary, and of keeping the said city clean from all matter or nuisance of a similar kind.

SEC. 11. The said Board of Health is authorized to make contracts with any responsible person or persons for the removal of said offal, dead animals, night-soil, and other refuse matter from the city of New York, and to require and receive security in such form and amount as the said Board may approve for the faithful performance by the person or persons aforesaid to whom such contracts may, by the said Board be, in its discretion, awarded, of all and every of the provisions of such contracts on his or their part.

SEC. 12. Copies of the record of the proceedings of said Board, of its rules, regulations, ordinances, by-laws and books and papers constituting part of its archives, when authenticated by its secretary or secretary pro tem., shall be presumptive evidence, and the authentication be taken as presumptively correct in any court of justice or judicial proceeding, when they may be relevant to the point or matter in controversy, of the facts, statements and recitals therein contained.

SEC. 13. Upon the application of any party in interest in any matter pending examination before said Board of Health, by affidavit stating the grounds of such application, to any judge of a court of record, and asking that any person or persons therein named shall appear before said Board of Health, or any person taking or about to take such examination, at some time or times and place to be stated in said affidavit, it shall be the duty of such judge, if he shall discover reasonable cause so to do, to issue his order requiring such person or persons named to appear and submit to such examination as, and to the extent such order may state, at the time and places to be in said order named; and such order, to be signed by such judge, may be served, and shall in all respects be obeyed as a subpoena duly issued, and a refusal to submit to the proper examination may be punished by such judge, or by any judge of such court, as a contempt of court, upon the facts as to such refusal being brought before any such judge by affidavit.

SEC. 14. If any person shall knowingly make to said Board of Health, or any officer thereof, any false return, statement or report relative to any birth, death or marriage, or other matter concerning which a report or return may be legally required of or should be made by such person; or if any member, inspector or officer or agent of said Board of Health shall knowingly make to said Board of Health any false or deceptive report or statement (in connection with his duties), or shall accept or receive or authorize or encourage, or knowingly allow any other person to accept or receive any bribe or other compensation as a condition of or an inducement for not faithfully discovering and fully reporting or otherwise acting according to his duty in any respect; then any and every such person shall be deemed guilty

of a misdemeanor, and shall be liable to be for such crime indicted, tried and punished according to law, and shall in addition forfeit all compensation due or to grow due from said Board.

SEC. 15. The publication of additional provisions in and of additional ordinances of the Sanitary Code for the security of life and health, and the prevention of accidents and of the spread of disease in the city of New York once a week for two successive weeks in the City Record in said city shall be sufficient, and render any further publication of the same in any other newspaper unnecessary.

SEC. 16. This act shall take effect immediately.

NOTE.-There are no sections 6 and 9 in the certified copy of the Act received from the Secretary of State.

CHAPTER 635.

AN ACT to secure effective vaccination in the City of New York, and the collection of pure vaccine lymph or virus. Passed June 15, 1874; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows.

SECTION 1. For the purpose of more effectually preventing the spread of small-pox in the city of New York, by the thorough and systematic vaccination of all unvaccinated persons residing therein, the Board of Health of the said city is hereby empowered to organize a corps of vaccinators within and subject to the control of the Bureau of Sanitary Inspection, to appoint the necessary officers, keep suitable records, collect and preserve pure vaccine lymph or virus, and to add to the Sanitary Code as provided by section eighty-two of chapter three hundred and thirty-five of the Laws of eighteen hundred and seventy-three, entitled "An act to reorganize the local government of the city of New York," passed April thirtieth, eighteen hundred and seventy-three, such additional provisions as will most effectually secure the end in view.

SEC. 2. Whenever the amount of vaccine lymph or virus collected by the said corps shall exceed the amount required in the proper performance of its duties, the said Board of Health may authorize the sale of such surplus lymph or virus at reasonable rates, to be fixed by said Board. The avails of such surplus lymph or virus shall be accounted for and paid to the Chamberlain of the city of New York, as provided by existing laws, and shall be set apart and constitute a distinct fund to be known as "The fund for gratuitous vaccination," and shall be subject to the requisition of said Board for the purposes of this act.

SEC. 3. Within fifteen days after the passage of this act the Board of Apportionment created by section one hundred and twelve of the act entitled "An act to reorganize the local government of the city of New York," passed April thirtieth, eighteen hundred and seventythree, shall, by the affirmative vote of all the members thereof, estimate the amount required to organize and maintain the said corps for the present financial year; and such estimate shall be final, and the amount thereof shall be and become appropriated for the use and maintenance of such corps, and shall be raised in the manner provided by the said section one hundred and twelve of the act herein named.

SEC. 4. This act shall take effect immediately.

CHAPTER 549.

AN ACT to amend an act entitied "An Act to provide for the proper drainage of lands within the corporate

limits of the City and County of New York. Passed June 9, 1875; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one of chapter five hundred and sixty-six of the Laws of eighteen hundred and seventy-one, entitled "An act to provide for the proper drainage of lands within the corporate limits of the city and County of New York," is hereby amended to read as follows: § 1. Whenever it shall appear to be necessary for the protection of the public health that any part or parcel of land within the corporate limits of the city and county of New York needs to be drained by other means than by sewers, and it shall be so certified by the City Sanitary Inspector, and said certificate is filed among the records of the Board of Health of the Health Department of said city, the said Board shall direct that the same be done by and under the direction of the Department of Public Works of said city and county, except that, in the territory annexed to the city and county of New York by chapter six hundred and thirteen of the Laws of eighteen hundred and seventy-three, as amended by chapter three hundred and twenty-nine of the Laws of eighteen hundred and seventy-four, the said Board shall direct that the work provided for in this act to be done, shall be done, and the Mayor, Aldermen, and Commonalty of the city of New York, shall authorize and empower the Department of Public Parks or the Department of Public Works of the city and county of New York to do the work so directed by the Board of Health.

§ 2. This act shall take effect immediately.

RULES AND REGULATIONS

OF THE

HEALTH DEPARTMENT OF THE CITY OF

NEW YORK.

MEETINGS.

1. THE regular meetings of the Board of Health of the Health Department shall be held on Tuesday and Friday in each week, at two o'clock P. M. unless otherwise ordered.

2. Special meetings may be called at any time by the Secretary, when requested by the President, or a majority of the members, specifying the object of the meeting, and also a special meeting may be held at any time when all the Commissioners are present, with or without previous notice of the object of the meeting. At such special meetings no ordinance or regulation shall be made, repealed, or changed; no officer, clerk, or agent shall be dismissed, employed, or have his term extended, or his compensation diminished or increased; no final order (under the first clause of section 14, chapter 74, Laws of 1866, relating to orders), or order of arrest shall be made; no money or compensation exceeding two hundred and fifty dollars shall be voted or allowed, and no action shall be taken upon any measure or matter touching the general policy or duty of the Board, or of its officers, except to refer the same to the next meeting of the Board, unless all members are present.

3. No notice shall be required for meetings referred to in section one, but three hours' notice of special meetings shall be given personally, or left at such place as the members may severally designate. Two hours' notice by telegraph given by the President or the Secretary, addressed to the residences of the Commissioners, of a call to a special meeting, shall be in lieu of any other notice.

COMMITTEES.

4. The Standing Committee of the Board shall be four in number, and all the members of the Board shall be members of each Standing Committee. Two members of any committee (except the Committee on Applications, of which it shall be necessary to have three to constitute a quorum) shall constitute a quorum for the transaction of business.

5. The Standing Committees shall be as follows:

(1.) The Finance Committee, of which the President shall be chairman.

(2.) The Sanitary Committee, of which the Commissioner of Health, who is a physician, shall be chairman.